Are employers allowed to pay different wages for the same job?
In North Carolina, employers are generally not allowed to differentiate wages on the basis of protected characteristics including age, gender, race, etc. Employers are allowed, however, to pay different wages for the same job if the differences are based on seniority, merit systems, quantity or quality of production, or any factor other than the characteristics mentioned above. This means that employers are allowed to pay different wages for the same job for employees of different levels of experience, employees who are performing the job in different locations, and employees doing the same job with different levels of productivity. Employers must be aware of wage and hour laws that apply to their business; these vary by state. This includes paying employees for all hours worked and ensuring that employees are paid the minimum wage or higher. Employees should also be paid overtime for any hours worked beyond 40 in a given workweek. It is important to note that employers may not require employees to work “off-the-clock” without pay, even if the employee is willing to do so. Employers should also be careful to abide by laws that prohibit wage discrimination, such as the Equal Pay Act and Title VII of the Civil Rights Act.
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